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  1. #1
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    Apr 2011
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    Default Child Custody with Parent with Siblings

    My question involves a child custody case from the State of: California

    In a custody battle where the mother of a 4 year old girl is trying to get physical custody so her daughter can be in the same school system as her older sibling sisters (Father has no children other than this one), is there any information or other cases that would help in getting her custody? If so, please sit cases. Most things are equal. They currently have joint custody where the father has child most of the week for the last year. The mediatioon is leaning toward the father so as to not move the child from current situation. There are accusations of physical abbuse and alcohol abuse in both directions. Father got a job in real estate making no income in this economy (knows how to work the system) and mother has a good job. Father won child support from mother, due to his lack of income. They were never married.

  2. #2

    Default Re: Child Custody with Parent with Siblings

    In a custody battle where the mother of a 4 year old girl is trying to get physical custody so her daughter can be in the same school system as her older sibling sisters
    It depends on if mom can show some benefit to the CHILD to be in the same school system. WHY would being at the same school as older sibilings be beneficial? For a 4 year old, that's a pretty substantial task (not like pre-k is going to convince a judge that the child's chances at med school are at risk).


    Most things are equal. They currently have joint custody where the father has child most of the week for the last year. The mediatioon is leaning toward the father so as to not move the child from current situation.
    Dad has status quo on his side. At some point in the past, dad convinced a judge that the child would be better of with him. Now, change will be predicated on what has changed in regards to the CHILD, and if that change is substantial enough to warrant altering the child's daily life. If most things are equal, then courts aren't likely to shake up the child's life unnecessarily.

    There are accusations of physical abbuse and alcohol abuse in both directions.
    Accusations mean nothing. Arrests...convictions...THESE mean something. Alcohol abuse in and of itself isn't a factor unless it can be shown to DIRECTLY impact the child.

    Father got a job in real estate making no income in this economy (knows how to work the system) and mother has a good job. Father won child support from mother, due to his lack of income.
    Not a factor in custody unless the child is somehow suffering - lack of food, water, clothing, basic medical care, etc. Parents don't loose custody just because of unemployment issues or needing child support or even public aid UNLESS those issues can be shown to have a direct negative impact on the child.
    Catherine NeSmith
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